Rule 5:12-4. Case Management Conference, Hearings, Trial, and Termination of Parental Rights Proceedings

Rule 5:12-4. Case Management Conference, Hearings, Trial, and Termination of
Parental Rights Proceedings

(a) Prompt Disposition; Case Management Conference; Adjournments. On the
return date, the court shall proceed to hear the matter forthwith. In abuse and neglect
cases, the court shall request that the parents or guardians at their first appearance in
court provide identifying information regarding any persons who may serve as alternative
placement resources to care for the children. As soon as the litigants have retained
counsel or have chosen to proceed pro se and no later than 30 days from the return date,
the court shall hold a case management conference or such other proceeding as may be
appropriate, and shall enter any necessary order pertaining to the safety and well-being of
the child and the conduct of the case, in the form prescribed by the Administrative Director
of the Courts. Thereafter, the court may on its own motion or that of any party adjourn the
matter from time to time as the interest of justice requires. The court may at any time enter
such interim orders as the best interests of any child under its jurisdiction may require.

(b) Hearings in Private; Testimony of Child. Hearings and trials shall be conducted
in private. In the child's best interests, the court may order that a child not be present at a
hearing or trial unless the child's testimony is necessary for the determination of the
matter. As to permanency hearings, however, the court shall accommodate the rights of
the child as provided by N.J.S.A. 30:4C-61.2. The testimony of a child may, in the court's
discretion, be taken privately in chambers or under such protective orders as the court may
provide. A verbatim record shall be made of any in-chambers testimony or interview of a
child.

(c) Examinations and Investigations. At any time during the pendency of the matter
the court may order examinations and investigations pursuant to R. 5:3-3.

(d) Reports. The Division of Child Protection and Permanency (the "Division") shall
be permitted to submit into evidence, pursuant to N.J.R.E. 803(c)(6) and 801(d), reports by
staff personnel or professional consultants. Conclusions drawn from the facts stated
therein shall be treated as prima facie evidence, subject to rebuttal.

(e) Written Plan. Upon a finding of abuse or neglect the court may require that the
Division of Child Protection and Permanency (the "Division") file a written plan embodying
the disposition terms proposed by the Division. When required to be filed, such plan shall
be served upon all counsel or parties appearing pro se not less than 10 days prior to the
dispositional hearing.

(f) Progress Reports. The court may, upon entry of an order of disposition, require
that the Division of Child Protection and Permanency file with the court and serve upon all
counsel or parties appearing pro se periodic progress reports at such intervals as the court
shall require and covering such topics as the court shall designate.

(g) Foreign State Placement. In any case in which the court orders or plans to order
that a child be placed with a person or agency or institution in another State, the District of
Columbia, or the U.S. Virgin Islands, it shall act in compliance with the Interstate Compact
on the Placement of Children, as adopted in New Jersey, N.J.S.A. 9:23-5 et seq. (the
Compact). The Administrative Director of the Courts, in coordination with the
Commissioner of the Department of Children and Families, as the duly designated public
authority responsible for compliance with the Compact, may establish such guidelines and
procedures as are necessary to ensure that all actions subject to the Compact are in
compliance therewith.

(h) Permanency Hearing. A permanency hearing shall be held to provide review and
court approval of the placement plan for each child in placement outside of his or her own
home no later than 12 months after the child goes into such placement, or no later than 30
days after the court makes a determination that reasonable efforts to reunify the child with
the family are not required, whichever is sooner. Any hearing or proceeding scheduled
before the court may serve as a permanency hearing, provided that notice of that fact is
given to all parties in advance.

(i) Notice of Proceedings to Care Giver. The court shall ensure that the foster parent
or other person currently providing residential care to the child is given notice of all
hearings and other proceedings to be held pursuant to L. 1999, c. 53. Such notice shall be
sent by regular mail or hand-delivered no later than two weeks before the date of the
hearing or other proceeding, except in emergent circumstances. The notice shall be in
writing and shall inform the foster parent or other person providing care for the child of the
date, time, and location of the hearing or other proceeding, and that he or she has a right
to appear at that time to make a statement to the court of his or her views regarding the
case and the interests of the child. The notice shall further state that, in accordance with
law, such person is not made a party to the case and that he or she may not be permitted
to be present in the courtroom except for purposes of making a statement to the court. The
court, or the child placement review board acting on behalf of the court in a matter before
it, may provide notice to any other interested person for good cause in the interest of the
child.

(j) Termination of Parental Rights Proceedings; Exhibits. The following procedures
shall apply to every termination of parental rights matter filed by the Division of Child
Protection and Permanency:

(1) The Division shall submit to the court no later than 5 days before the start
of the trial two hard copies of all trial exhibits.

(2) The Division shall append to its trial exhibits a completed evidence list in
a form prescribed by the Administrative Director of the Courts.

(3) If authorized by the court, the Division may submit to the court no later
than 5 days before the start of the trial its exhibits in an electronic format prescribed by the
Administrative Director of the Courts.

(4) In the event that no appeal is filed, the court shall retain exhibits for a
minimum of 90 days after the entry of the final judgment. Upon the filing of an appeal, the
court shall retain the exhibits until the final disposition of the appeal.

Note: Source-R. (1969) 5:7A-4. Adopted December 20, 1983, to be effective December 31, 1983;
paragraphs (e) and (f) adopted November 5, 1986 to be effective January 1, 1987; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b) amended June 28, 1996 to be effective September 1, 1996; paragraph (g) adopted July 10, 1998 to be effective September 1, 1998; new paragraphs (h) and (i) adopted July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; note that Appendix X-A previously referenced in paragraph (a) also deleted July 28, 2004 to be effective September 1, 2004; paragraph (d) amended, and captions added to paragraphs (e), (f), and (g) June 15, 2007 to be effective September 1, 2007; paragraph (g) amended July 16, 2009 to be effective September 1, 2009; caption amended, new paragraph (j) adopted June 26, 2012 to be effective September 4, 2012; effective date of June 26, 2012 amendments changed to November 5, 2012 by order of August 20, 2012; paragraphs (d), (e), (f) and (j) amended July 9, 2013 to be effective September 1, 2013; paragraph (b) amended July 27, 2015 to be effective September 1. 2015.